Terms of Service

This website is operated by DesBerries. Throughout the site, the terms ‘we,’ ‘us,’ and ‘our’ refer to the DesBerries store. Subject to your acceptance of all terms, conditions, policies, and notices stated herein, all information, including the tools and Services made available to you through this website, are provided by DesBerries.

When you visit our site and/or make a purchase from us, you engage with our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, and/or contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, then it is accepted only on the terms set forth herein.

All new features or tools added to the current store are also subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to review this page regularly and keep track of any changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of such changes.

Our store is hosted on Shopify Inc. Shopify Inc. provides the online e-commerce platform that allows us to sell our products and Services to you.

1. SECTION: ONLINE STORE TERMS

By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence or older, or that you are of legal age in your state or province of residence or older and have given us permission to allow any minors for whom you are responsible to use this site.

You may not use our products for any unlawful or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses, or any code of a destructive nature.

Any breach of these terms or exceeding their limits will result in the immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse to provide the Service to any person for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted, (a) transmitted over various networks, and (b) altered to conform to and comply with technical requirements of connecting networks or devices. Your credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, copy, sell, resell, or misuse any part of the Service, the use of the Services, access to the Services, or any communication on the website where the Service is provided without our express written permission.

The headings used in this agreement are included solely for convenience and shall not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We accept no responsibility for the accuracy, completeness or currency of the information contained on this site. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for decision-making without consulting primary, more accurate, more complete or more up-to-date sources of information. Your reliance on the material on this site is entirely at your own risk.
This site may contain some historical information. Historical information is not current in all cases and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our site.

4. SECTION: CHANGES TO SERVICES AND PRICES
The prices of our products may be changed without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or Services may only be available online through the website. These products or Services may be limited in quantity and subject to return or exchange only according to our Return Policy.
We have taken the utmost care to ensure that the colours and images of our products displayed in the store are as accurate as possible. We cannot guarantee that the colours will be displayed correctly on your computer screen.
We reserve the right to limit the sale of our products or services to any person, geographic region or jurisdiction, but we are under no obligation to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or Service we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the production of any product at any time. Offers for products or Services on this site are void where prohibited.
We do not guarantee that any product, Service, information, or other material you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account or credit card, or orders using the same billing and/or shipping address. If we make changes to an order or cancel it, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of order placement. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, over which we have no oversight, or input.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should also ensure that you are familiar with and approve of the terms on which the relevant third-party providers provide tools.
We may also offer new services and/or features through the website in the future (including, the release of new tools and resources). Such new features and/or Services are also subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
Certain content, products and Services available through our Service may contain materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review and make sure you understand the third-party's policies and practices before proceeding. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or, without our request, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and will not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third-party submit.

SECTION 10: PERSONAL INFORMATION
Submission of personal information through the Store is subject to our Privacy Policy. 

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, defame, harm, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to post false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or monitor the personal information of others; (i) to spam, phishing, divert site traffic to fraudulent sites, fabricate phishing scenarios, spider, crawl, or extract data; (j) for any obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you engage in any of these prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You acknowledge that we may from time to time remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall DesBerries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or damages of any kind, including direct, indirect, incidental, punitive, special, or consequential damages (including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages), on account of any damages arising from or relating to your use of this site or its related services. In no event will we be liable for any losses or damages of any kind, including, without limitation, damages for losses, damages, or losses, arising out of or in connection with the use of the Service or any products procured through the Service, whether based on contract, tort (including negligence), strict liability or otherwise, including without limitation, any errors or omissions in any content, or any loss or damage of any kind arising out of or in connection with the posting, transmission, or other making available of the Service or any content (or product), even if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DesBerries and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of or relating to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15: SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing your use of our site.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination and/or we may accordingly deny you access to our Services (or any part thereof).

SECTION 17: ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW
These Terms of Service and any other agreements governing the Services we provide to you shall be governed by and construed in accordance with the laws of Turkey.

SECTION 19: CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or change any part of these Terms of Service through updates and changes posted on our website. It is your responsibility to review our website regularly and stay up-to-date on any changes. Your continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to the following email address: info@desberries.com